Eve Garrett Skincare ABN 77646986030 including any of its subsidiary companies. Eve Garrett Skincare will supply goods and services (Goods) in accordance with the following terms and conditions (Terms).

Please take a moment to review the following terms and conditions governing the use of this website. By browsing the Eve Garrett Skincare Website (Website) or making a purchase of any Goods from the Website, you agree to abide by these Terms, which may be updated periodically. Eve Garrett Skincare is a brand portfolio owned and distributed by Advanced Face & Body Pty Ltd.


INTERPRETATION

In these Terms:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day in which banks are open for business in Sydney, Australia and specifically excludes Saturdays, Sundays and Public Holidays.

Company has the meaning as set out in section 9 of the Corporations Act 2001 (Cth).

Goods means any goods, which may or may not be classified as Medical Devices supplied by Eve Garrett Skincare.

Intellectual Property Rights means proprietary rights created by statute and include copyright, patents, trademark and designs.

Purchaser means the purchaser of the Goods who may or may not be a Consumer as defined in section 4B of the Competition and Consumer Act 2010 (Cth).


Terms means these terms and conditions of sale as amended from time to time.

Website means the internet-based portal that Eve Garrett Skincare uses to provide information about it as a Company and to provide access to its digital services including sale of goods.

Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding or modifying any condition, warranty, guarantee, right or remedy implied by law (Including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

GENERAL

The Goods and all other products and services sold and/or provided by Eve Garrett Skincare are supplied in accordance with these Terms.

These Terms (which may only be waived or amended in writing and signed by Eve Garrett Skincare) will to the extent of any inconsistency prevail over all and any terms or conditions of the Purchaser’s order.

Eve Garrett Skincare reserves the right to update or remove content published on the Website and to amend these terms from time to time. Every time a Purchaser wishes to use the Website to place an order, it is the responsibility of the Purchaser to check the Terms to ensure the Purchaser understands the terms that apply at that time.

If the Purchaser accesses the Website, including for the purchase of Goods, the Purchaser is responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions, noting these Terms are based on transactions occurring within Australia.

The Purchaser agrees to be bound by these Terms by accessing the Website and placing an order with Eve Garrett Skincare.

No right, title, interest or license in any of Eve Garrett Skincare's intellectual property is granted to the Purchaser unless specifically stated in writing from Eve Garrett Skincare.

Nothing contained or implied in these Terms will create a joint venture, partnership or principal and agency relationship between Eve Garrett Skincare and the Purchaser.

The Purchaser agrees that:

the Goods will only be supplied to Purchasers within Australia;
the Goods will not be sold to any Purchaser, individual, individual or retail agent, or any other entity situated outside of Australia; and
the Purchaser will not supply the Goods for onward sale or supply, including but not limited to any form of sub-distribution.

Eve Garrett Skincare may modify these Terms from time to time in its sole discretion by updating the Terms on this Website. The “Modified” date at the top of these Terms will indicate when the latest changes were made. An order which occurs following the posting of a new version constitutes the Purchaser’s acceptance of the version that is current at the point of the Purchaser placing the order.

Eve Garrett Skincare does not guarantee that the Website will be secure or free from bugs or viruses or any other type of malicious code or software.
Purchasers are responsible for configuring their technology to access the Website. Purchasers should use their own antivirus software while using the Website.

ONLINE ORDERS

Pricing of select Goods will be provided on the Website.
Purchasers will have the option to purchase the Goods directly from the Website.
Eve Garrett Skincare reserves the right to correct any errors, inaccuracies or omissions, and to change or update information, or cancel orders if any information on the Website is inaccurate at any time without prior notice to the Purchaser.

In order to submit an order for the Goods through the Website, the Purchaser may create and subsequently log in to an account on the Website.
By creating an account, the Purchaser agrees to providing Purchaser information, including but not limited to the Purchasers name (or Company name), a contact number, email address and address for delivery. Any account on the Website must only be created by a person with the capacity to contract who should be over the age of 18 years old or have the express permission from a parent or guardian.
When placing an online order for the Goods, Purchasers will be required to confirm:

that they have read these Terms and that they agree to be bound by them;
that all details of the order are complete and accurate;
that the Purchaser resides in Australia;
that the Goods will not be on sold or exhibited or passed off as products of a third party for sale; and
that the Purchaser is at least 15 years old for the purpose of obtaining Personal Information under the Australian Privacy Act 1988 (Cth).

All orders placed with Eve Garrett Skincare on the Website are an offer of purchase and are subject to acceptance by Eve Garrett Skincare.

Eve Garrett Skincare's acceptance of the Purchaser’s order takes place when Eve Garrett Skincare provides communication to the Purchaser accepting the order (Order Confirmation), at which point and on which date (Commencement Date) the contract between Eve Garrett Skincare and the Purchaser will come into existence. The contract will relate only to those Goods confirmed in the Order Confirmation. All transactions entered into on the Website will be treated by Eve Garrett Skincare as genuine and valid orders, and Eve Garrett Skincare accepts no responsibility or liability for transactions or representations made by any user that does not have appropriate permissions or authority to enter into the transactions.
If Eve Garrett Skincare are unable to supply the Purchaser with the Goods for any reason, Eve Garrett Skincare will inform the Purchaser of this by email and will not process the order. If the Purchaser has already paid for the Goods, Eve Garrett Skincare will refund the Purchaser the full amount paid by the Purchaser for the relevant Goods. The refund will be processed using the same payment method used to make the purchase.

Orders may not be modified or cancelled by the Purchaser once processed.

PRICES
Eve Garrett Skincare will display the prices for the Goods on the Website.
All prices quoted on the Website are exclusive of all taxes, insurance and transport which will be the sole responsibility of the Purchaser, unless otherwise agreed in writing.
All Prices are displayed in Australian Dollars (AUD).
All pricing on the Website is subject to change without notice.

PAYMENT
Purchasers should check the order carefully before continuing to payment as it is the responsibility of the Purchaser to ensure an order is complete and accurate.
To order Goods from the Website, Purchasers have the option to either create an account and log in to this account to place an order, or they can proceed as guests without creating an account. Guests placing orders will receive the same information as account holders and are subject to the same Terms. All payments must be made in advance via the payment options and gateways provided on the Website. Payment gateways may or may not attract additional charges. Any additional fees or charges will be shown and will require acceptance on checkout by the Purchaser for the order to be processed.
Once payment has been processed an Order Confirmation will be shown on screen.

DELIVERY
Eve Garrett Skincare only delivers to addresses in Australia.
Eve Garrett Skincare will use a third-party delivery service (such as Australia Post) to deliver the Goods to the Purchaser.
The Goods will be deemed to be delivered to the Purchaser at the time the Goods arrive at the Purchaser’s premises or Eve Garrett Skincare receives notification from the third-party delivery service that such delivery has been completed. Eve Garrett Skincare may arrange for transport of the Goods to an alternative destination nominated by the Purchaser and the cost of such transport will be added to the price of those Goods.
Goods are at the Purchaser’s risk from the time of delivery.
Eve Garrett Skincare will not be liable for any loss occasioned by delay in delivery of and/or the procuring of Goods, whether consequential or otherwise.
If the Purchaser disputes proof of delivery, details of this dispute must be provided in writing to Eve Garrett Skincare within seven (7) Business Days of delivery.

RETURNS AND WARRANTIES
The Purchaser must inspect the Goods as soon as is reasonably practicable after delivery.
Eve Garrett Skincare Returns Policy can be accessed at Eve Garrett Skincare Returns Policy page and this governs all warranty, returns or exchanges of Goods.

RELIANCE ON INFORMATION ON THIS WEBSITE
This Website is provided on an 'as is' and 'as available' basis, and Eve Garrett Skincare make no representations or warranties, express or implied, regarding the operation or availability of the Website.
The content on this Website is provided for general information only. It is not intended to amount to advice on which any user of the Website, including any Purchaser of the Goods, should rely.
Although Eve Garrett Skincare make reasonable efforts to update the information on the Website, Eve Garrett Skincare makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

USE OF GOODS
When placing an order, the Purchaser agrees to use the Goods strictly for their intended purposes and always follow the provided instructions, guidelines, precautions, and warnings. Any use of the Goods for purposes other than intended will hold you liable for any resulting loss or damage.
It is essential that the Purchaser (and any other user of the Goods purchased by the Purchaser) reviews the relevant product ingredients in the Goods to prevent potential allergic reactions.
By placing an order, the Purchaser acknowledges and agrees that Eve Garrett Skincare does not diagnose diseases, illnesses, conditions, or any other medical, mental or skin disorders. Purchasers are responsible for consulting a medical professional regarding any health concerns that the Purchaser may have. Furthermore, Purchasers proceed with any order at their own risk, within the limits allowed by law.

EXCLUSION OF LIABILITY
To the maximum extent permitted by law, Eve Garrett Skincare’s liability for any loss or damage or injury arising out of or in connection with the supply of Goods under these Terms or any breach of a condition or warranty given by Eve Garrett Skincare or implied by operation of or guarantee under the Competition and Consumer Act 2010 (Cth) however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to one the following at the sole discretion of Eve Garrett Skincare:

the replacement of Goods or the supply of equivalent Goods; or
the payment of the cost of replacing Goods or of acquiring equivalent Goods.
In no event will Eve Garrett Skincare, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with the Purchaser’s use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. Eve Garrett Skincare does not exclude or limit in any way its liability to any Purchaser where it would be unlawful to do so. This includes liability for death or personal injury caused by Eve Garrett Skincare's negligence or the negligence of Eve Garrett Skincare's employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where Eve Garrett Skincare’s liability cannot be excluded, Eve Garrett Skincare limits its liability to the fullest extent permitted by the Australian Consumer Law.
The Purchaser agrees to defend, indemnify and hold Eve Garrett Skincare, Eve Garrett Skincare’s affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to the Purchaser’s breach of any of these Terms or the Purchaser’s use of the Website including, but not limited to the Purchaser’s use of any information obtained from the Website and any use of the Website's content, services and products other than as expressly authorised in these Terms.
Except as provided in these Terms, Eve Garrett Skincare will not be liable or in any way responsible for incidental or consequential, economic or property damage, except where Eve Garrett Skincare is in breach of the guarantees provided to the Purchaser in accordance with the Australian Consumer Law, or applicable legislation from time to time, provided always that nothing in this clause or elsewhere in these Terms will adversely affect the rights of the Purchaser under relevant legislation.

PROMOTIONS
From time to time, Eve Garrett Skincare may, at its sole discretion, choose to offer competitions or promotional terms and conditions (Promotions) to a Purchaser. It is the Purchaser’s responsibility to determine if the competition or promotional Goods are suitable for their needs.
Promotions are based on measured criteria and may include cost-based rewards such as a price reduction, complimentary shipping and/or complimentary samples.
Eve Garrett Skincare reserves the right to end any competitions or promotions early at its sole discretion.

INTELLECTUAL PROPERTY
Eve Garrett Skincare is the owner or the licensee of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and trademark treaties around the world. All such rights are reserved.
Purchasers may print off one copy, and may download extracts, of any page(s) from the Website for the Purchaser’s personal use.
Purchasers must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and Purchasers must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Purchasers may not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from Eve Garrett Skincare.

FORCE MAJEURE
Eve Garrett Skincare will not be liable for any failure to carry out an obligation under the Terms to the extent that the failure was caused by events or circumstances beyond its reasonable control (Force Majeure Event) including, but not limited to, acts of God, fire, accident, pandemic, interruptions to energy supply, strike, riot, civil commotion or war whether declared or not.
While Eve Garrett Skincare will do all things reasonably necessary to mitigate the effect of the Force Majeure Event on the performance of its obligations, it may cancel or defer orders at its sole discretion. In a Force Majeure Event, Eve Garrett Skincare will endeavour to provide reasonable notice to the Purchaser.

GOVERNING LAW
These Terms are governed by and will be construed in accordance with the laws of New South Wales.
Any legal action or proceeding against Eve Garrett Skincare shall be brought exclusively in the courts of New South Wales and of the Commonwealth of Australia, and the Purchaser agrees to submit to the personal and exclusive jurisdiction of such courts.
SEVERANCE
If any of these Terms are held by a Court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed from the Terms and the remainder of these Terms will continue to be effective and valid notwithstanding such severance.